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JACOBSEN v. DEP'T. OF LABOR AND INDUSTRIES

No. 31376-6-II.

110 P.3d 253 (2005)

Larry D. JACOBSEN, Respondent, v. DEPARTMENT OF LABOR AND INDUSTRIES of the State of Washington, Appellant.

Court of Appeals of Washington, Division 2.

As Amended on Reconsideration June 29, 2005.

Attorney(s) appearing for the Case

Carol L. Casey, Attorney at Law, Port Orchard, WA, for Respondent.

Penny L. Allen, Attorney at Law, Ofc. of the Atty. General, Olympia, WA, for Appellant.

HUNT, J.

¶ 1 The Department of Labor and Industries (Department) appeals the trial court's exclusion of temporary total disability benefits (TTD or "time loss") from the prior benefit payments it deducted from Larry Jacobsen's permanent total disability pension reserve. The Department argues that such deduction is necessary to prevent Jacobsen's double recovery for his disability and to further the purpose of RCW 51...

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